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HomeMy WebLinkAbout 2003.0009■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your nave and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Marathon Ashland Petroleum, LLC 539 South Main Street Findlay, OH 45840 a pt y_l�/nt 4449V / 0Addre mac^ w �'�[+�O` ❑ Addresses B. Received by ( Printed Name) I C. Date of Delivery 1? o yea ❑ No 3. Service Type '� ❑ Certified Mail ❑ Express Mail O Registered ❑ Return Receipt for handise ❑ Insured Mail ❑ C.O.C. 4. Restricted Delivery? (Extra Fee) ❑ yes j 2. ArticleNumber- 7002 0460 0002 0693 3145 I (trans/er from service label) I PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 • • NOTICE OF ZONING O' RDINANCE VIOLATION DATE AND TIME OF ISSUANCE:I 4/l"D-z' 2003ATI:� /P.M. City of Carmel/Clay Township RECORD # 2003.0009 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 2810 East 116th Street, Carmel, IN 46033 OWNER or TENANT: Marathon Ashland Petroleum, LLC Mailing Address: 539 Main Street South Findlay, OH 45840 Nature of Violation: Alteration of the building without Plan Commission Approval (ADLS) as required by B-3/Business District and SR 431 Overlay Zone. Ordinance Section Violated: Carmel/Clay Zoning Ordinance, Sections 14.0.2 and 23A.5: Plan Commisston Approval Date/Time of Violation: Since January 22, 2003 Abatement Period: The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above within ten (10) calendar days from the date of this notice. Fine for unabated violation: Up to $100.00 - First Violation* Up to $200.00 - Second Violation* Up to $300.00 - Third Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Comments: Marathon representatives received written notification of these requirements in January and February of 2002. Inspector Name: DO NOT DISREGARD THIS NOTICE!! Please contact the inspector listed below immediately / i1� Phone (317) 571-2423 CERTIFIED NOTICE - RETURN RECEIPT REQUESTED P. 01 TRANSACTION REPORT FEB-07-2003 FRI 10:29 AM FOR: 7W DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP FEB-07 10:28 AM 913178874989 1'14" 4 SEND OK 573 TOTAL 1M 14S PAGES; 4 CITY OF CARMEL DEPARTMENT OF COMMiINITY SERVICES TRANSMITTAL PLEASE NOTE: OUR FAX NUMBER IS NOW: (317) 571-2499. Date, To: Cl_ C / Or`7r1/�rafYd4yl� From Building & Code Enforcement Oept. of Community Services One Civic Square Carmel, IN 46032 Ph. 317 5712444 fax 317 5712499 Cl • • L 1 of Cq9 — • 0 9 a y`0 City of Carmel DEPARTMENT OF COMMUNITY SERVICES February 21, 2003 VIA FACSIMILE (317-244-9556) & REGULAR MAIL Marathon Ashland Petroleum, LLC ATTN: Kenneth G. Norus 1304 Olin Avenue Indianapolis, IN 46222-5202 Dear Mr. Norus: SUBJECT: 2810 EAST 116TH STREET, CARMEL, INDIANA 46033 This letter is to follow up on the Notice of Violation issued on February 7, 2003 concerning the exterior changes that were made to the structure at the above address. In a recent telephone conversation, you indicated that you would be willing to restore the structure to its previous appearance, specifically in the overhead door/bay area of the building. The Department is in agreement that Commission Approval would not be necessary as long as the building is returned to and remains as it was before modifications. Please also be advised that any changes in the interior use(s), such as expansion of retail area of the building, may also require Commission Approval of the Development Plan (per CarmeUClay Zoning Ordinance, Section 14.0.2.A). If any interior changes have occurred, or if you plan to make any interior changes, please consult the Department for guidance. If you have any questions please contact me at 317-571-2423. Sincerely, C;� 1W% Adrienne Keeling Code Enforcement Officer Department of Community Services cc: Marathon Ashland Petroleum, LLC, 539 South Main Street, Findlay, OH 45840 Jon Dobosiewicz, Department of Community Services File: 2003.0009 ONE CIVIC SQUARE CARMEI, INDIANA 46032 317/571-2417 • C� CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TRANSMITTAL PLEASE NOTE: OUR FAX NUMBER IS NOW: (317) 571-2499. Date: To: From: Building & Code Enforcement Dept. of Community Services One Civic Square Carmel, IN 46032 Ph. 317 5712444 fax 317 5712499 ❑ The material you requested ❑ For review and comment Additional Notes: s:\permits folder\transmittal blank 9 For your information ❑ For approval >K ,y l i s� T4, FOR: TRANSACTION REPORT P. 01 FEB-21-2003 FRI 11:40 AM >K ?W DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP * FEB-21 11:39 AM 92449556 38" 2 SEND OK 604 t � TOTAL 38S PAGES: 2 I�XX�XX�>K�YXIK>K��YX1ClK��Yx>K>K��#�XX1C�lKlKI��X�XMoK�YXIC>K�������K>KX�XX�IKIK��Y�X�>K���XX�����YYY��CY�X�>KM��x:�YXMc>K>K� PLEA5E NOTE Cr rY OF CARN ML DEPARTMENT OF COMMUNITY SERVICES TRANSMITTAL OUR FAX NUMBER 15 NOW: (317) 571-2499. From; Building & Code Enforcement Dept. of Community services One Civic Square Carmel, IN 46032 Ph. 317 5712444 fax 317 5712499 0 l Department of Community Services Property Activity Form Full Address of Property 0116TH ST E Date Filled : Ol/22/2003 Record Number: Type Of Activity : Work progressing on former Marathon Station that requires ADLS approval and possibly a building permit. ProyertV Owner : (MARATHON ASHLAND PETROLEUM LLC Same As Owner El Address of Activity 2810 116TH ST E Mailing Address: 539 MAIN STREET S, FINDLAY, OH 45940 Phone : Comments : Ken Norvs, Indianapolis Office, 317.244-9551 ext. 246. Address: 1304 Olin Ave, Indpls 46222-5202. Fax.317-244-9556 Name Of Filer: dON DOBOSIEWICZ Address Phone: 571-2425 Comments: Department of Origin: DOCS-CT Getter 1 Sent : 02/07/2003 Notice of violation to Marathon,10 days. AK Letter 2 Sent : 02/Zl/2003 Letter to Norus, cc Marathon, fax and regular mall. AK Letter 3 Sent: Ua0 02/27nM3 Bay doors have been uncovered. AK Page 1 of 1 file://S:\Code%20Enforeement\Photographs\Temporary\DSC00822.JPG 2/27/2003 Department of Community Services Property Activity Form Full Address of Property: 0116TH ST E Date Filled : Ol/22I2003 Type Of Activity : wont progressing on building permit. Record Number: 2�3•�9 that requires ADLS approval and Property Owner : MARATHON ASHLAND PETROLEUM LLC Same As Owner Address of Activity 2810 116TH ST E Mailing Address: 539 MAIN STREET S, FINDLAY, OH 45M Phone: E Comments: Ken Norus, Indianapolis Office, 317-244-9551 ext. 246. Address: 1304 Olin Ave, Indpls 46222 520 Fax:317-244-9556 Name Of Filer: JON DOBOSIEWICZ —� Address: — - Phone: 571-2425 Comments Department of Origin: f DOGS -CT truer 1 Sent : 02/07/2003 Notice of Violation to Marathon,10 days. AK Letter 2 Sent: py2]/2p03 LMer to Noss, ceManthon, fax and regtt6r tna0. AK Leuer 3 Sent : Date Of Update: O1/31/2003 02/10/2003 02/11/2003 02/20/2003 Comments: noticed that the siding has been removed from the bay door area, and appear the original doors tent. AK 021=003 CA A Cit T of Carmel 9 Q 1z", p DEPARTMENT OF COMMUNITY SERVICES February 21, 2003 VIA FACSIMILE (317-244-9556) & REGULAR MAIL Marathon Ashland Petroleum, LLC ATTN: Kenneth G. Norus 1304 Olin Avenue Indianapolis, IN 46222-5202 Dear Mr. Norus: SUBJECT: 2810 EAST 116TH STREET, CARMEL, INDIANA 46033 This letter is to follow up on the Notice of Violation issued on February 7, 2003 concerning the exterior changes that were made to the structure at the above address. In a recent telephone conversation, you indicated that you would be willing to restore the structure to its previous appearance, specifically in the overhead door/bay area of the building. The Department is in agreement that Commission Approval would not be necessary as long as the building is returned to and remains as it was before modifications. Please also be advised that any changes in the interior use(s), such as expansion of retail area of the building, may also require Commission Approval of the Development Plan (per CarmeUClay Zoning Ordinance, Section I4.0.2.A). If any interior changes have occurred, or if you plan to make any interior changes, please consult the Department for guidance. If you have any questions please contact me at 317-571-2423. Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services cc: Marathon Ashland Petroleum, LLC, 539 South Main Street, Findlay, OH 45840 Jon Dobosiewicz, Department of Community Services File: 2003.0009 ONE CIVIC SQUARE CARMEI. INDIANA 46032 317/571-2417 Department of Community Services Property Activity Form Full Address of Property: 0116TH ST E Date Filled: 01/22/2003 Type Of Activity: Record Number: il0 Work progressing on former Marathon Station that requires ADLS approval and possibly a building permit. Property Owner : IMARATHON ASHLAND PETROLEUM LLC Same As Owner Address of Activity 2810 116TH ST E Mailing Address: 1539 MAIN STREET S, FINDLAY, OH 45M Phone: Comments: Ken Norus, Indianapolis Office, 317-244-9551 exL Fax:317-244-9556 Name Of Filer Address : Phone: Comments : Department of Origin: DOCS-CT Letter 1 Sent : 02/07/2003 Notice of Violation to Marathon,10 days. AK Letter 2 Sent Letter 3 Sent: Date Of Update : Comments: noticed that the siding has been removed from the bay door area, and appear the original doors went. AK 02/20/2003 Department of Community Services Property Activity Form Full Address of Property: 0116TH ST E Date Filled: Ol/2TJ2003 Type Of Activity: Record Number : 2003.0009 Work progressing on former Marathon Station that requires ADLS approval and possibly a building permit. Property Owner : MARATHON ASHLAND PETROLEUM LLC Address of Activity 2310 116M ST E Mailing Address: 5" MAIN STREET S, FINDLAY, OH 45NO Phone: Comments: Ken Norus, Indianapolis Office, 317-244-9551 exL 246. Name Of Her: JON DOBOSIEWICZ Address Phone: 571-2425 Comments: Department of Origin: DOCS-CT Letter I Sent: 02/07/2003 Notice of Violation to Marathon,10 days. AK Letter 2 Sent : Letter 3 Sent: Comments: Same As Owner AK confirmed with Jon Dobosiewicz that ADLS would not be necessary if the building were retur exactly to its previous state. Jon also added that any change in interior use (expansion of retail or public area) may cause DP concerns. AK will call Norus and send a letter. AK 02/11/2003 Department of Community Services Property Activity Form Full Address of Property: 0116TH ST E Date Filled : pl/yy2003 Record Number: 2003.0009 Type Of Activity : work progressing on former building permit. Property Owner : IMARATHON ASHLAND PETROLEUM LLC I Same As Owner Address of Activity 2810 116TH ST E Mailing Address: 1539 MAIN STREET S, FINDLAY, OH 45840 Phone: Comments: Name Of Filer: JON DOBOSIEWICZ Address Phone: 571-2425 Comments: Department of Origin: DOCS-CT Letter 1 Sent: 02l07/2003 Notice of Violation to Marathon,10 days. AK Letter 2 Sent: Letter 3 Sent: Comments : AK spoke with Ken Norus of Marathon Indianapolis office, who states that the old bay doors behind the siding. Norus wanted to know if the siding were removed, if ADLS would still be IAK stated that the building would have to be the same as it was before. AK will consult with & zoning and contact Mr. Norus. He also asks that the response be put in letter form in addi phone call. AK are to a Department of Community Services Property Activity Form Full Address of Property 0116TH ST E Date Filled : 01122l2003 Type Of Activity: Record Number : 2003.0009 Work progressing on former Marathon Station that requires ADLS approval and possibly a building permit. Proyertv Owner : MARATHON ASHLAND PETROLEUM LLC I Same As Owner ❑ Address of Activity 2810 116 M ST E Mailing Address: 539 MAIN STREET S, FINDLAY, OH 45NO Phone Comments: Name Of Filer Address : Phone: Comments: Department of Origin: DOCS-CT Letter 1 Sent : 02/07/21103 Notice of Violation to Marathon,10 days. AK Letter 2 Sent: Letter 3 Sent: Date Of Update: Comments Confirmed the Changes to the building. Nome type of siding has been placed over the former Day rs on the east end of the building. AK will send a notice of violation. Correspondence from a ious complaint has been included in the file. AK informed Marathon of ADLS requirements in nary and February of 2002. AK NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: 200 3AT-:�� /P.M. City of Carmel/Clay Township RECORD # 2003.0009 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 2810 East 116th Street, Carmel, IN 46033 OWNER or TENANT: Marathon Ashland Petroleum, LLC Mailing Address: 539 Main Street South, Findlay, OH 45840 Nature of Violation: Alteration of the building without Plan Commission Approval (ADLS) as required by B-3/Business District and SR 431 Overlay Zone. Ordinance Section Violated: Carmel/Clay Zoning Ordinance, Sections 14.0.2 and 23A.5: Plan Commission Approval Date/Time of Violation: Since January 22, 2003 Abatement Period: The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above within ten (10) calendar days from the date of this notice. Fine for unabated violation: Up to $100.00 - First Violation* Up to $200.00 - Second Violation* Up to $300.00 - Third Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Comments: February of 2002. DO NOT DISREGARD THIS NOTICE!! phase contact the inspector listed below: immediately Inspector Name: { Phone (317) 571-2423 drienne Keeltng, Code Efforce nt O CERTIFIED NOTICE - RETURN RECEIPT REQUESTED [S:W a enfowemntWmica12003A009AecWMJ CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES =\f� TRANSMITTAL PLEASE NOTE: OUR FAX NUMBER I5 NOW: (317) 571-2499. Date: ,17 �74�2033� To: C/Qfii(�/ d �� ! I�QYd'l4Yl W//(M/6K From: Building & Code Enforcement Dept. of Community Services One Civic Square Carmel, IN 46032 Ph. 317 5712444 fox 317 5712499 ❑ The material you requested Ur For your information ❑ For review and comment ❑ For approval Additional Notes: %% fallow( ffof ce Ofas {nab Cyr �& � eoplira n arc *-0,0K • ow/ff" s:\permits folderVramomittal blank CITY OF CARMEL A CLAY TOWNSHIP ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 14: B-3/BUSINESS DISTRICT 14.0 B-3/13usiness District. 14.1 Permitted Uses. 14.2 Special Uses. 14.3 Accessory Buildines and Uses. 14.4 Height and Area Requirements. 14.5 Parldne and Loading Berth Requirements. 14.6 Landscaping Requirements. 14.0 B-3Business District. 14.0.1 Purpose and Intent. The purpose of this district is to provide for a wide variety of commercial and office uses in transitional locations throughout the community. The intent is to establish somewhat more stringent requirements in order to better regulate businesses locating in primarily newly developing areas. *14.0.2 Plan Commission Approval. A. Development Plan. The Commission shall review the Development Plan (DP) of any proposed use of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Development Plan (DP) shall not be materially or substantially changed or altered without the prior approval of the Commission. The Development Plan shall address the comprehensive arrangement of land uses, buildings, landscape areas, road and parldng areas in accordance with harmonious and aesthetic principles of the ADLS. B. Architectural Design. Exterior Lighting Landscaping and Signage. To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) application of any proposed use of any Lot or parcel of ground within the B-3 District prior to the issuance of an Improvement Location Permit by the Department. Once approved by the Commission the Architectural Design, Exterior Lighting, Landscaping and Signage (ADLS) shall not be materially or substantially changed or altered without the prior approval of the Commission. Sec. 14.0 amended per Ordinance No. Z-365-01. Amended per Ordinance No. Z-369-02; §s. 14.1 Permitted Uses: Nene County club Golf course Multiple -family dwelling Chapter 14: B-3Business District 14-1 as amended per Z-365-01; Z-369-02 Spring 2002 v2 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE 23A.4 Parking. Parking is prohibited within thirty (30) feet of the right-of-way in the greenbelt area, A.5 Plan Commission Approval. - A. Develnnment Plan, Not required. B. Architectural Design Fxterinr Lighting landscaping, Parking and Signage, 1 Property Zoned and I Ned for Single and Two -Family Dwellings. Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) not required. 2. Multi -Family, Busiress, Industrial, and Manufacturing Districts andlnr 11ses, Plan Commission approval of the `n rWe r?_ E-^-o Th ; sll1W u Architectural Design, Exterior Lighting, Landscaping, Parking, and Signage (ADLS) is required. If a Parent Tract is Iocated both inside and outside of the State Highway 431 - Keystone Avenue Corridor Overlay Zone, ADLS approval is required for the entire Parent Tract to-bedcveloped. Sec. 23A.5 amended per Ordinance No. Z-365-01. Amended per Ordinance No. Z-369-02; §ap. • A. Primary Inning Districts. All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. B. conflicting Ordinancea. Wherever there exists a conflict between the requirements of the U.S. 31/Meridian Street Overlay Zone and those of the State Highway 431/Keystone Avenue Corridor Overlay Zone, the requirements for the U.S. 31/Meridian Street Corridor Overlay Zone shall govern. Sec. 13A.6 amended per Ordinance No. Z-369-02; §aq. 23A: State Highway 431- Keystone Avenue Corridor as adopted per Z-289; as amended per Z-365-01; Z-369-02 Su� 2002 v1 P. 01 TRANSACTION REPORT FEB-07-2003 FRI 10:29 AM rt � FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP FEB-07 10:28 AM 913178874989 1'14" 4 SEND OK 573 � xr TOTAL 1M 14S PAGES: 4 >K � CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TRANSMITTAL PLEASE NOTE; OUR FAX NUMBER 15 NOW: (317) 571-2499. Date: �2-1/71200-3 To: From: Building & Code Enforcement Dept. of Community Services One Civic Square Carmel, IN 46032 Ph, 317 5712444 fax 317 5712499 Department of Community Services Property Activity Form Full Address of Property : 0116TH ST E Date Filled: 01/22nM Type Of Activity : Record Number: 2003.0009 Work progressing on former Marathon Station that requires ADLS approval and possibly a building permit. Property Owner : MARATHON ASHLAND PETROLEUM LLC Address of Activity 2810 116TH ST E Mailing Address: 539 MAIN STREET S, FINDLAY, OH 45940 Phone: Comments: Name Of Filer: JON DOBOSIEWICZ Address Phone: 571{2425 Comments: Department of Origin : DOCS.C'I Letter 1 Sent : Letter 2 Sent: Letter 3 Sent: Date Of Update: Comments Sarre As Owner Ll confirmed the changes to the building. Some type of siding has been placed over the former bay rs on the east end of the building. AK will send a notice of violation. Correspondence from a dous complaint has been included in the file. AK informed Marathon of ADLS requirements in nary and February of 2002. AK 01/31/2003 Page 1 of 1 MOO file://S:\Code%20Enforcement\Pictures\Temporary\DSC00790.JPG 2/3/2003 City ®f Carmel DEPT. OF COMMUNITY SERVICES January 24, 2002 VIA CERTIFIED MAIL Marathon Station ATTN: Owner or Manager 2810 East 116`h Street Carmel, IN 46033 Dear Sir or Madam: SUBJECT: 2810 EAST 116TH STREET This letter is concerning the future of the Marathon Station located at the northeast corner of 116th Street and Keystone Avenue in Carmel, Indiana. The Department received concern from the neighbors that landscaping was removed on the north side of the site. This issue is formally documented in the Department of Community Services as record number 2002.0009. The Department has also learned that the facility may be the subject of future expansion or remodeling. Please be aware that due to the SR 431 Overlay District, any changes made to the architectural design, landscaping, lighting, or signage on this property must be approved by the Carmel/Clay Township Plan Commission. Please contact the Division of Planning and Zoning, 571-2417, within 10 days to discuss proper approval of your revised landscaping and/or future improvements to the site. If the Department does not hear from you within this time, enforcement action may be taken regarding the landscaping. Sincerely, Adrienne Keeling Code Enforcement Inspector Department of Community Services 317-571-2423 cc: Marathon Ashland Petroleum, LLC, 539 South Main Street, Findlay, OH 45840 Jon Dobosiewizc, Department of Community Services Scott Brewer, Department of Community Services File ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 P. 01 TRANSACTION REPORT FEB-18-2002 MON 08:48 AM � x X< FOR: � x DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP x � FEB-18 08:46 AM 913178874989 2'28" 10 SEND OK 482 TOTAL : 2M 28S PAGES: 10 x xx�ztx;r<x<�c�xxix���xx��x�xx�xxxtxzxx�x��xxx�xxx��x�x��x;���x�x�xar�xxxx��xxxx��xx������xxx�xx< CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TRANSMITTAL PLEASE NOTE: OUR FAX NUMBER 15 NOW: (317) 571-2499. From: Permits Services Debt. of Communitv Services City ®f Carmel DEPT. OF COMMUNITY SERVICES February 14, 2002 Marathon Corporation ATTN: Janice O'Brien Dear Ms. O'Brien: SUBJECT: 2810 EAST 116TH STREET This letter is in response to our telephone conversation regarding the Marathon Station located at the northeast corner of 116`s Street and Keystone Avenue in Carmel, Indiana. As we discussed, the City became involved with this property because of citizen concerns about landscape issues. Both you and Dennis Ellis, former operator of the station, stated that a dead tree was removed and the remaining trees were trimmed along the north property line. The City appreciates the Marathon Corporation's efforts to maintain tree and landscape areas. Please remember that any further changes made to the building or site would require approval from the Carmel/Clay Plan Commission as required by the SR 431 Overlay District. The Department urges that plans be submitted once they become available in an effort to minimize idle time at the property. Some current requirements of the Carmel/Clay Land Use Regulations are attached. Worth note is Section 25.7.01-4(d): Prohibited Signs, which prohibits signs that advertise a business no longer conducted on the premises. If you have any further questions, please contact me at 317-571-2423. Sincerely, Adrienne Keeling Code Enforcement Inspector Department of Community Services cc: Jon Dobosiewizc, Department of Community Services Scott Brewer, Department of Community Services File ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2417 CITY OF CARMEL & CLAY TOWNStO ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 14: B-3/11USINESS DISTRICT 14.0 B-3Business District 14.0.1 Purpose and Intent The purpose of this district is to provide for a wide variety of commercial and office uses in transitional locations throughout the community. The intent is to establish somewhat more stringent requirements in order to better regulate businesses locating in primarily newly developing areas. 14.1 Permitted Uses: None 14.2 Permitted Special Uses: (See Chapter 21 for additional regulations.) Country club Golf course Multiple -family dwelling Single-family dwelling Two-family dwelling Any Use Permitted in the B-2 District (Section 13.1) except: Commercial warehouse storage Contractors storage facility Exterminating shop Feed store Food products distributing station Grain elevator Home occupation Jewelry store Machine shop Power transmission line Sheet metal shop Sign shop Specialized contractor shop Welding shop Any Special Use Permitted in the B-2 District (Section 13.2) except: Commercial sanitary landfill or refuse dump Commercial sewage or garbage disposal plant Junk or material and/or salvage yard Outdoor theater Penal or correctional institution Race track Raising and breeding of non -farm fowl and animals Chapter 14: B-3Business District 14-1 CITY OF CARMEL k CLAY TOWNSHIP ZONING ORDINANCE 14.2.1 Minimum Area Requirements: Same as B-2 District regulations of Section 13.1.1 and same as B-2 District regulations of Section 13.2.1 (except Junk or material and/or salvage yard, Outdoor theater, Commercial sanitary landfill or Refuse dump and race track). 14.2.2 Other Requirements: Same as B-2 District regulations of Section 13.1.2 and same as B-2 District regulations of Section 13.2.2. 14.3 Accessory Buildings and Uses (See Chapter 25 for additional requirements.) Accessory uses or buildings customarily and purely incidental to the uses allowed in this district are permitted. 14.4 Height and Area Reouirements (See Chapter 26 for additional requirements.) 14.4.1 Maximum height: thirty-five (35) feet. 14.4.2 Minimum front Yard: 1. residential uses — thirty (30) feet; 2. all other uses — sixty (60) feet. 14.4.3 Minimum side yard: residential uses —ten (10) feet; 2. any business use located in a block or parcel which includes or adjoins a residential district or use or which is located on a corner lot — thirty (30) feet; 3. any business use which does not meet the above qualifications - none. 14.4.4 Minimum aggregate of side yard: residential uses — twenty (20) feet; 2. any business use that requires a minimum side yard of thirty (30) feet (Section 14.3.3 above) — thirty (30) feet; 3. all other uses - none. 14.4.5 Minimum rear vard: residential uses — twenty (20) feet; 2. any business use located in a block or parcel which includes or adjoins a residential district or use —thirty (30) feet; 3. all other business uses — fifteen (15) feet. 14.4.6 Minimum lot width: 1. single-family dwelling — eighty (80) feet; 2. all other uses — one hundred (100) feet. Chapter 14: B-3Business District 14-2 CRY OF CAR WL & CLAY TOWNSHIP ZONING ORDINANCE 14.4.7 Minimum lot size: all lots shall contain a minimum of 10,000 square feet per single or two-family dwelling and for all business uses when serviced by a community water system and a community sanitary sewer system. A lot for a multiple -family dwelling shall contain 5,000 square feet per dwelling unit when serviced by a community water system and a community sewer system. 25,000 square feet shall be added to the minimum lot size if a community sanitary sewer system does not service the lot and 8,560 square feet shall be added if a community water system does not service the lot. 5,000 square feet may be deducted from the minimum lot size add-ons for private water and sewer systems if an adequate drainage system, such as through the use of perimeter tile drains, increased pad elevations and a storm sewer system with an adequate drainage outlet, is used to alleviate surface and ground water problems. 14.4.8 Minimum around floor area: 1. single-family dwelling - 1,000 square feet; 2. two- and multiple -family dwelling - 800 square feet; 3. all other uses - 900 square feet. 14.4.9 Maximum lot coveraee: single- and two-family dwelling — thirty-five percent (35%) of lot; 2. multiple -family dwelling — forty percent (40%) of lot; 3. all other uses — eighty percent (80%) of lot. 14.5 Parking and Loading Berth Requirements (See Chapter 17 for additional requirements.) 14.5.1 All business uses, except office buildings: 3,000 - 15,000 square feet gross floor area: one (1) berth. 2. 15,001 - 40,000 square feet gross floor area: two (2) berths. 3. Each 25,000 additional square feet: one (1) additional berth. 14.5.2 Office buildings: 100,000 or less square feet gross floor area: one (1) berth. 2. 100,001 - 300,000 square feet gross floor area: two (2) berths. 3. Each 200,000 additional square feet: one (1) additional berth. 14.6 Landscaping Requirements Where a lot or parcel of ground used for business purposes in the B-3 District abuts, or adjoins across a street (adjoining across a limited access highway is excluded), a parcel zoned or used for residential purposes, a greenbelt or lawn area with a minimum width of thirty (30) feet shall be provided along the abutting or adjoining property line. A planting screen, consisting of suitable shrubbery, shall be planted at the time of construction of, or conversion to, a business activity and shall be maintained in order to provide effective screening at all times during the year. The shrubbery may be planted informally or in rows and Chapter 14: B-3Business District 14-3 CrrY OF CAMffl R CLAY TOWNSHIP ZONING ORDINANCE shall screen parking areas, outside storage areas, loading berths, trash and refuse containers and so forth from abutting or adjoining residential properties. Vision clearance on comer lots and at the intersections of streets and driveways shall be observed. No accessory buildings or uses may be erected or pursued within the required greenbelt or lawn area with the exception of sidewalks, decorative or protective items, other landscaping items and signage as permitted by the Carmel -Clay Township Sign Ordinance. Multiple -family residential developments within a B-3 District shall also be subject to the protection afforded by the landscaping requirements established herein. Chapter 14: B-3Business District 14-4 CITY OF CARMEL & CLAY TOWNSnM ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 23A: STATE HIGHWAY 431— KEYSTONE AVENUE CORRIDOR OVERLAY ZONE 23A.0 State Higbw y 411 overlay 7nne 23A.0.1 Purpose, intent andAuthority. The purpose of this zone is to provide consistent treatment for properties bordering the limited access highway, known as State Highway 431, to preserve the aesthetic qualities of these properties, and to protect the health and safety of the property owners. This district is superimposed over the other primary zoning districts and its regulations shall supersede those of the primary zoning districts over which it is superimposed. The Plan Commission, in establishing this zone, is relying on I.C. 36-1-1 et seq. i#1:� a .. cT.S1LT.F.T1�i The boundaries of the State Highway 431 Overlay Zone are hereby established as shown on the Zoning Map. The zone shall include an area of one hundred twenty (120) feet on either side of the right-of-way for State Highway 431. 23A.2 Minimum Front Yard The minimum front yard shall be one hundred twenty (120) feet. 23A.3 I and�neo A landscaped greenbelt area shall extend along the right-of-way of State Highway 431 with a depth of thirty (30) feet. 23A.4 Parking Parking is prohibited within thirty (30) feet of the right-of-way in the greenbelt area. Plan Commission approval of the Landscaping Plan, Parking Plan, Lighting Plan, and Architectural Design (ADLS) is required. 23A.6 Other Raquirementc All other requirements not mentioned in this Section shall remain as stated for that primary zoning classification district mapped. Chapter 23A: State Highway 431 — Keystone Avenue Corridor Overlay Zone 23A-1 as adopted per Z-289 CITY OF CARMEL k CLAY TOWNSHIP ZONING ORDINANCE square feet. L I I �I� n �' j k) Soft Drink Dispensing Machines. L 1) Vehicle Signs �jj �1'�1VIUVIC�J m) Benches established on business' premises they advertise -copy area one (1) sq. R. or less. n) Address Numbers (as per chart). 25.7.01-4 Prnhih�Pd Signs. The following types of signs are prohibited: a) Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency. b) Signs which contain or are in imitation of an official traffic sign or signal or contain the words "stop", "slow", "caution", "danger", "warning" or similar words, unless permitted in another section of this Ordinance. c) Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic or street sign or signal. d) Signs which advertise an activity, business, project or service no longer conducted on the premises upon which the sign is located. e) Signs which move by design or have a major moving part. f) Signs consisting of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, unless they are permitted specifically by other sections of this Ordinance. g) Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment and whose movement can be construed as dangerous by the Administrator. h) Signs which are located in such a manner as to obstruct the view of the intersection of a street or highway with a railroad crossing. i) Signs which are located upon, over, or in any street or highway right-of-way, except for official highway signs. j) Portable signs which are portable or moveable, except as permitted under provisions of this section. k) Signs which are established on trees, utility poles and fences. Signs which advertise goods, products, services or facilities or direct persons to a different location from where the sign is installed. (Off -premise signs require a variance from the Board.) m) Suspended signs and projecting signs, except in Old Town Carmel. Section 25.7: Signs 25.7-6 as adopted per Z-301 CITY OF CARMEL @ CLAY TOWNSHIP ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE APPENDIX A: PERIMETER BUFFERING A. Perimeter buffering shall be located along the side and rear lot lines of a lot/parcel and shall extend the entire length of the side and rear lot lines. B. Where residential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right-of-way, per the Tables below. C. Perimeter buffering shall not be located within any portion of a dedicated public street right-of- way, private street right-of-way, or County legal drain easement. D. Existing vegetation may be used to achieve project buffering if: (i) the vegetation located upon the subject parcel is of a quality and state of health to achieve buffering, and, (ii) the vegetation is proposed to be preserved using accepted best management practices for tree protection during construction. E. BUFFERYARD DETERMINATION. To determine the applicable bufferyard requirements: (1) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use category of the proposed project use. (2) Use the TABLE FOR BUFFERYARD DETERMINATION to identify the land use(s) of the adjoining property (s), or identify the street classification adjoining the proposed use by referring to the Official Thoroughfare Plan of Carmel Clay Township. (3) Determine the bufferyard(s) required on each boundary (or segment thereof) of the subject parcel by referring to the TABLE FOR BUFFERYARD DETERMINATON. TARTX FOR RTTFFF.RVARD DFTF.RMTNATTON m z 3mDa D !10C Oa3 m yo 0 a roX 0 T4 A55sa N2 0 N0 N O i `! SINGLE FAMILY B C C DUPLEX G A C. 6 B r. C 0 A Q ❑ MULTI -FAMILY C ACTIVE Q B S AC CC, C B ❑ INSTITUTIONAL, a C C: C, R D❑ OFFICE: RETAIL D C C A C WAREHOUSE: C C C C C A HVY. INDUSTRY Appendix A: Perimeter Buffering A-1 as adopted per Z-340 CITY OF CARMEL @ CLAY TOWNSHIP ZONING ORDINANCE F. ' Bufferyard Design Standards in the table below are stated in terms of minimum width and number of plants required per one hundred linear foot increment. BUFFERYARD MINIMUM YARD WIDTH SIDE REAR SHADE TREES ORNAMENTAL TREES SHRUBS" in in "Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (I conifer equals three shrubs) Appendix A: Perimeter Buffering A-2 as adopted per Z-340 Hamilton Co., IN - Online Reports Page 1 of 1 Current Parcel Information Select A Different Report I New Search for Current Report Disclaimer: The information available through this program is current as of January 2003. This information has been derived from public n that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to this property. Parcel No: 16-10-31-00-00-010.000 Property Address: 2810 116th St E Carmel, IN 46033 Deeded Owner: Marathon Ashland Petroleum LLC Owner Address: 539 Main St S Findlay, OH45840 Last Changed: 10/4/01 10:04:59 AM Legal Description: 210-145 AUD 10/12/82 171-215 6/10/83 174-722/23 3/16/98 FR MARATHON 9812751 8/14/98 PROP ADD CHG/ASSESSOR Section/Township/Range:31/18/04 Subdivision Name: Block: Plat: Deeded Acres: 0.74 Political Township: Clay Lot Number(s): Instrument Number: This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. ® 2002 Hamilton Co. Contact Us I Conditions of S1se I http://www.co.hamilton.in.uslapplreportslrptparcelinfo.asp?parcelno=1610310000O10000 2/3/2003 Mapl Survey Boundaries Township Lines Transportation Abc Interstate Hwy Text Abc U.S. HwyText Abc State HwyText =E= Interstate Highways U.S. Highways s State Highways a Primary Roads Parcels Aerial Photos (Please pick only onee) ® 2001 Aerial Photos SCALE 1 : 1,516 iu0 0 100 200 300 FEET http://www.co.hamilton.in.us/maps/County.mwf Thursday, January 23, 2003 10:53 AM Department of Community Services Property Activity Form Full Address of Property: 0116TH ST E Date Filled: ot/2�--I Type Of Activity : wort[ progressing on building permit. Property Owner : MARATHON ASHLAND PETROLEUM LLC Address of Activity 12810 116TH ST E Mailing Address: 1539 MAIN STREET S, PINDLAY, OH 45840 Phone: Comments: Name Of Filer: Address: Phone: Comments: Record Number: 2003.0009 IJON DOBOSIEWICZ I Department of Origin: DOCS.CT Letter I Sent: Letter 2 Sent : Getter 3 Sent: Date Of Update: a Same As Owner EJ Department of Community Services PROPERTY INFORMATION AND ACTIVITY TRACKING Property Information Porcel Number: 1610310000010000 Property Address: UNIENO. NCIISE NO. NOL5ETRACT. 0 0.00 116TH ST E Cm: WO E: CARMEL 46033 LOT N: SUBDVSECT ZOMNG: LOCATION: WATER SERVICE: SEWER SERVICE. SECTION: LAND DISTRICT: SCHOOL DISTRICT: PLAT NUMBER: 060 BLOCK N: MERIDIAN: TAXING UNR: USAGE CODE'. 16 452 DISTRICT LOT: TOWNSHIP: DEEDED ACRES: 0016 MW Owner Information NAME. rmwmrnvnv[an MARATHON OIL CO 0044376 ADDRESS: TO PROPERTY TAX RECORDS 539 MAIN ST S CITY: STATE. TIP FINDLAY OH 45M Description Building Permit Payment Water Payment Sewer Payment Truss Specs Survey Certificate Engineering Certificate Zoning Approval Development Permit Fire Department Gas Inspector Rear'Date Sent ADDr'd Temporary Occupancy Approved: Occupancy Certificate Approved: Building Permits APPUCATON NO: APPLICATION DATE: REPIVPE: PERMRNO: GQtAVT LS9UED: FERMR PAM: REOUPT& Manning, BZA & Complaints PC DOCKET BZA DOCKET COMPLAINTS �- � 2003.0009 ff DEM BZA SUBDIV. AO➢VBERS PLAN COMM. COMPLAWR Expires: —� Insp: Receiv U Other Keeling, Adrienne M From: Tingley, Connie S Sent: Wednesday, January 22, 2003 11:12 AM To: Keeling, Adrienne M Cc: Hohit, William G; Blanchard, Jim E; Kendall, Jeff A; Hollibaugh, Mike P Subject: RE: New Records Complaint numbers assigned: #1 2003.0006 #2 2003.0007 #3 2003.0008 #4 2003.0009 -----Original Message ----- From: Keeling, Adrienne M Sent: Wednesday, January 22, 2003 10:27 AM To: Tingley, Connie S Subject: New Records 1. Unauthorized temporary real estate sign at 301 East Carmel Drive. "For Lease, 870-9900, Levi Investment Realty". Sign is causing vision problem from Medical Court turning onto Carmel Drive. Filed by Ron Carter. Parcel No.:1610310000025000 2. Unauthorized temporary real estate sign at the end of Dublin Drive. "Grubb & Ellis, 317-855-7777, Available". We'll have to put this on the same parcel with other complaints in the area since the exact parcel is not in CityView. I also do not have the name of the person who filed this, so you can put staff. Please place this record on Parcel No.: 1610190000001000 3. Unauthorized sign at 622 South Range Line Road facing the Monon Trail (Old World Furniture). Filed by Jon Dobosiewicz. Parcel No.: 1609250000014000 4. Work progressing on former Marathon Station that requires ADLS approval and possibly a building permit. Address: 2810 East 116th. Filed by Jon Dobosiewicz. Parcel No.: 1610310000010000 Keeling, Adrienne M From: Dobosiewicz, Jon C Sent: Monday, January 20, 2003 6:06 PM To: Keeling, Adrienne M Subject: FW: marathon station Adrienne, Could you please send out a notice to the owner of this location. They have replaced the overhead doors with metal siding. The modifications require ADLS approval. Also, would you ask one of the inspectors to go out and see if the construction they are doing at the location needs a building permit? Thanks, Jon -----Original Message ----- From: Lillig, Laurence M Sent: Friday, January 17, 2003 12:30 PM To: Dobosiewicz, Jon C Subject: FW: marathon station -----Original Message ----- From: Hollibaugh, Mike P Sent: Friday, January 25, 2002 11:31 AM To: Brainard, James C Cc: Hahn, Kelli A; Lillig, Laurence M; Morrissey, Phyllis G; Heck, Nancy S Subject: FW: marathon station Mayor: fyi, wanted to keep you in the loop with this information Message----- -----Original From: Keeling, Adrienne M ^ J� Sent: Friday, January 25, 2002 11:29 AM To: Dobosiewicz, Jon C , f\ Cc: Hollibaugh, Mike P; Brewer, Scott I Subject: marathon station I spoke with Dennis Ellis who is currently leasing the Woodland Springs Marathon Station. Ellis says that his lease ends on January 31, 2002, and as far as he knows the station will be closed as of Friday. Removed landscaping: Ellis says that a dead tree fell in someone's yard (at the Condos) and that Marathon Oil paid a contractor to clean up that tree and trim the dead portions of the remaining trees. I do not remember what the area looked like before the trees were trimmed, so I am not a good judge of whether it is significant enough to cause an ADLS Amendment for their landscaping. I do know that there are still trees between the station and condos. I have attached a couple of pictures. Both photos are the area to the North of the station. Any thoughts? 01-15-02a.jpg 01-15-02b.jpg Future Plans: Ellis said that he assumes there will be improvement to the station at some point in the future, but is not privy to their plans. The District Manager's name is Tom Lefever (sp?) and his phone number is 244-9551. 1 will give him a call next week, and let you know what I find. Hopefully they do plan to expand, and we can take care of the building, signs, landscaping all at one time.